Taking Back Your Name: Your Rights and Options After Divorce in California

Divorce represents a turning point – a time of transition, renewal, and sometimes, reclaiming your identity. Whether you want to restore your former name or choose a new name for yourself, you may be concerned about court procedures, updating official documents, or ensuring that your name change is legally recognized everywhere it matters.

California law provides clear pathways for a name change after divorce, but the steps may vary depending on when and how you make your request. Missing a key step or misunderstanding the legal requirements can lead to delays, complications, and unnecessary stress. An experienced attorney can help you get through the name change process with clarity, efficiency, and confidence so that you can move forward with ease.

Steps to Revert Your Name During Divorce Proceedings​

If you decide to revert to your former or maiden name while your divorce is still pending, California law provides a fairly straightforward process. In many cases, you can save time and effort by including your name change request within your divorce proceedings.

An experienced family law attorney can help you:

• Include your name change request in your divorce petition or response. When filing for divorce, you can request a return to your former name in your initial paperwork. If your spouse initiated the divorce, you can make this request in your response.
• Ensure your name change is included in the final judgment for your divorce. The court will formally approve your request as part of the divorce decree. Before your divorce is finalized, check that your name change is reflected correctly in the judgment.
• Obtain a certified copy of your final divorce decree with your name change. Once your divorce is finalized, you’ll need a certified copy of your divorce judgment that includes the order restoring your former name. This document serves as legal proof of your name change and will be required when updating your identification and records.
• Update your identification and records to reflect your name change. After receiving a court order, you must update your Social Security card, driver’s license, passport, bank accounts, and other personal and financial records to reflect your name change.

Requesting a name change during your divorce is the most efficient way to revert to your former name. However, if you didn’t make this request during your divorce, or if you decide you want to change to a completely new name, you still have legal options.

Steps to Revert Your Name After a Finalized Divorce

If your divorce has already been finalized, but your original judgment did not include a name change order, you can simply restore your former or maiden name by using Form FL-395.

California Form FL-395 allows you to request that the court restore your formal legal name without having to file a new name change petition (which is a much more involved process that requires public notice). This form is a simpler and faster alternative when your name change is related to a divorce that’s already been finalized.

You can use an FL-395 form to revert to your former or maiden name if:

• You were previously granted a divorce in California,
• Your final divorce judgment did not include an order to restore your name, and
• You now want to restore your previous legal name.

Your attorney can help you complete the form by filling in your case information exactly as it appears on your divorce case, including the case number, court location, and the names of the parties involved in the divorce. You must include a copy of your final divorce judgment and file the form with the same courthouse where your divorce was finalized.

In most California counties, a judge or clerk can approve your application without a hearing. Once your request has been approved, you’ll receive a signed order restoring your former name. Make sure to request certified copies of this signed order to update your records.

How to Request a New Name Change

The above two processes involve reverting to your former or maiden name. If you want a completely new name, you must file a new court petition separate from your divorce. This is a civil procedure, and is not done in the family law division. Your lawyer can help you:

1. File a Petition for a Name Change – In California, you will need to complete and submit a Petition for Change of Name (Form NC-100) along with your information in Form NC-110 and other required documents, such as Order to Show Cause (Form NC-120) and the Decree Changing Name (Form NC-130).
2. Pay the Filing Fee – The court requires a filing fee, which varies by county. If you cannot afford the fee, you may request a waiver.
3. Publish a Notice (If Required) – In most cases, California law requires you to publish a notice of your name change in a local newspaper for 4 weeks. However, if you’re changing your name because of a divorce, some courts may waive this requirement.
4. Attend a Court Hearing (If Necessary) – Some California counties require attendance at a brief court hearing where a judge will review your request. If your petition is approved, the court will issue a name change decree.
5. Get a Certified Copy of Your Name Change Order – Once the court approves your request, you’ll need certified copies of your decree to update your records.
6. Update Your Official Identification and Records – Similar to changing your name during divorce, you must update your Social Security card, driver’s license, passport, financial accounts, and other documents to reflect your new legal name.

Updating Your Identification and Official Records

Once your name change has been legally approved, the next critical step is updating your identification and online records. Failing to update these documents can lead to complications in your daily life, affecting everything from banking transactions to travel plans.

1. Update Your Social Security Card – The first step in updating your records is notifying the Social Security Administration (SSA). You must complete Form SS-5 to apply for a new Social Security card and provide proof of your name change, such as a certified copy of your divorce decree or court order. You will also have to submit identification such as your current Social Security card and your driver’s license or passport. Once processed, you will receive a new Social Security card with your updated name, but your Social Security number will remain the same as before.
2. Update Your Driver’s License or State ID – After updating your Social Security record, you should visit the California Department of Motor Vehicles (DMV). Bring your updated social security card, provide your certified divorce decree or court order to provide legal proof of your name change, and fill out the necessary DMV forms and pay any fees. You will receive a new driver’s license or ID card with your updated name.
3. Update Your Passport – If you have a passport, you must notify the U.S. Department of State of your name change. You must submit the right form depending on when your passport was issued, include your certified name change document, and provide an updated passport photo and pay any required fees.
4. Notify Banks and Financial Institutions – To avoid issues with your finances, promptly notify your bank, credit card companies, investment firms, and loan providers about your name change. You will likely have to visit your bank in person with legal proof of your new name. Make sure to request new checks, debit and credit cards, and update your direct deposits and auto-pay account information.
5. Update Your Employment and Payroll Records – Notify your employer’s HR department. Make sure that your payroll, tax forms, and benefits reflect your new name.
6. Notify Your Insurance Companies and Healthcare Providers – Update your name with your health, auto, life, and home insurance providers. Notify your doctor’s office, pharmacy, and health insurance company to prevent issues with claims or prescriptions.
7. Update Other Personal and Legal Documents – Make sure to update your voter registration, notify the IRS when filing taxes using your updated name, and update your property titles, vehicle registrations, and any legal agreements or contracts.

Taking these steps promptly ensures a seamless transition to your new legal name and prevents complications that could arise from mismatched records. An experienced attorney can help you navigate any obstacles or challenges that you encounter during this process.

Common Concerns: Impact on Children and Professional Life

Changing your name after divorce is a deeply personal decision, but it’s natural to have concerns about how it may affect your children or your professional life. Understanding the potential implications can help you make an informed choice and ensure a smooth transition.

Impact on Children

• Will my child’s last name change too? No. Changing your name does not automatically change your child’s last name. If you wish to change their last name, you must go through a separate legal process that typically requires the other parent’s consent or a court order. You must then take the steps to update their other official documents.
• Will a different last name affect my custody or parental rights? No. Your legal rights as a parent remain the same, regardless of your name change. Your custody arrangement, visitation rights, and parental responsibilities are unaffected.
• How can I help my child adjust to the name change? If your child is old enough to notice the change, have an open conversation about why you’re taking this step and reassure them that it won’t affect your relationship or their daily life.
• Will my child’s school need to be notified? If your legal name is changing, you should notify your child’s school and doctor’s offices to ensure that school records, emergency contacts, and communication remain accurate.

Impact on Professional Life

• Do I have to change my name at work? No, the decision to change your name professionally is entirely up to you. Some people continue using their married name professionally while reverting to their former name in personal matters. However, you will need to inform your company’s HR department to update your payroll details and tax documentation. 
• How do I notify my employer of my name change? If you decide to update your name professionally, inform your company’s HR department to update your company records.
• What about my professional licenses and certifications? If you hold any professional licenses (such as medical, legal, or real estate), you will need to notify the appropriate licensing boards and provide documentation of your name change.
• Will my clients or colleagues be confused? If you work in a client-facing role, consider sending an email, making a formal announcement, or publishing a social media post to explain your name change. Many professionals choose to include both names for a transitional period (e.g., “Jane Smith, formerly Jane Doe”).
• How will this affect my online presence? If you use social media or a professional website, update your name where needed to keep consistency across platforms.

​Potential Challenges and How to Overcome Them

While changing your name after divorce is a common legal process, it’s not always without complications. Below are some potential challenges you may encounter and ways to overcome them. Your attorney can also help sort through any legal roadblocks.

Difficulty Updating Identification and Records

Challenge: Some agencies and institutions may require multiple forms of proof before updating your records, which can cause frustration and delays.

Solution: Request multiple certified copies of your divorce decree or name change order so that you can provide them whenever needed. Prioritize updating your Social Security record first, as other agencies require it before making changes. Keep copies of your updated documents so that you can simplify the process for any future changes.

Social and Professional Adjustments

Challenge: If you’ve been known by your married name for years, adjusting to your former name or a new name may take time, especially in professional settings.

Solution: Use both names for a transitional period if necessary (for example, “Sarah Jones, formerly Sarah Smith”). Update your email signatures, business cards, and LinkedIn profiles to reflect your change and maintain consistency. Try to be patient with corrections – friends, colleagues, and institutions may take some time to adjust.

Name Change for Safety or Privacy Reasons

Challenge: If you’re changing your name because of safety concerns such as escaping an abusive relationship, you may not want your new name publicly accessible.

Solution: Request that the court seal your name change records for privacy. Seek a legal professional’s guidance on additional protective measures, and notify key institutions about your name change directly rather than relying on public records.

Resistance or Confusion From Family Members

Challenge: Even though this is a personal decision for you, some family members may struggle to understand or resist your decision to change your name.

Solution: Communicate your reasons openly and set boundaries with family members if necessary. Remind them that your decision is personal and doesn’t change your role in the family. If necessary, give them time to adjust while you confidently move forward.

Changing your name after your divorce is more than just a legal process – it’s a deeply personal decision that reflects the next chapter of your life. Whether you’re reclaiming your former name or choosing a fresh start, being proactive and well-prepared can help you navigate your name change process with ease. The right family law attorney can also ensure that everything is handled correctly and efficiently, avoiding complications and delays whenever possible.

Contact the experienced lawyers at Moradi Neufer today about your name change.